DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2020/2439)

RUSSELL TRANSPORT GENERAL FLEET ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2020

Application for approval of the Russell Transport General Fleet Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport General Fleet Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Russell Transport Pty Ltd T/A Russell Transport (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] It is noted clause 2.6.7(d) of the Agreement does not appear to be a permitted deduction per s.324 of the Act and may be of no effect per s.326 of the Act. Further, I have considered it appropriate to exercise power under s.586 to correct a typographical error at clause 2.3(d) to correctly reference clause 21.4.

[4] The Transport Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Russell Transport Pty Ltd, trading as Russell Transport, sought approval of the Russell Transport General Fleet Enterprise Agreement 2020. The respondent, the Transport Workers Union of Australia, opposed the application, arguing that the agreement did not comply with certain statutory requirements. The Fair Work Commission was the tribunal tasked with deciding the matter.

The primary legal issues before the Commission were whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was in the best interests of the employees and if it met the minimum standards set by the Act. Additionally, the Commission had to consider whether the agreement was appropriately certified and if the process followed to reach the agreement was fair and lawful.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and that the process followed was fair and appropriate. The Commission found that the agreement met all the necessary statutory requirements and was in the best interests of the employees. The Commission was satisfied that the agreement provided for minimum wages and conditions of employment, and that it met the requirements of the Act. The Commission approved the application and certified the agreement as a lawful and appropriate enterprise agreement.

The final orders of the Commission were that the Russell Transport General Fleet Enterprise Agreement 2020 be approved and certified as a lawful and appropriate enterprise agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the Commission's decision.

Russell Transport Pty Ltd T/A Russell Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established